The High Court
Case Details
IN THE HIGH COURT OF ORISSA AT CUTTACK Prasanta Naik (In BLAPL No.3615 of 2024) Sibu @ Siku Naik (In BLAPL No.3618 of 2024) … Petitioners Mr. S. Panda, Advocate (for both the BLAPLs) State of Odisha -versus- … Opposite Party Mr. K.K. Gaya, ASC CORAM: JUSTICE G. SATAPATHY ORDER(ORAL) 02.08.2024 Order No. 03. 1. This matter is taken up through Hybrid Arrangement (Virtual/Physical Mode). 2. Since these two bail applications arise out of one and same case record and counsel for the petitioner in both the applications being one, the same are heard together and disposed of by this common order with the consent of the learned counsel for the parties. 3. These are the bail applications U/S.439 of Cr.P.C. by the petitioners for grant of bail in connection with Tarava P.S. Case No.208 of 2022 corresponding to S.C. Case No.11/03 of 2023 and 58/17 of 2023 pending in the file of learned Addl. Sessions Judge, Sonepur for commission of offences punishable under Sections 302/34 of the IPC on the allegation of assaulting the deceased-Netra Pradhan Page 1 of 5 by means of iron rod and handle of a spade and killing him in furtherance of their common intention. 4.
Legal Reasoning
Mr. Satyabrata Panda, learned counsel for the petitioners apprises this Court that this is the 2nd journey of the petitioner-Sibu @ Siku Naik in BLAPL No.3618 of 2024 before this Court, but no bail application of the said petitioner is pending before any other forum except this one. He further apprises this Court that this is the 1st journey of the petitioner- Prasanta Naik in BLAPL No.3615 of 2024, but no bail application of the said petitioner is pending before any other forum except this one. 5. Heard, Mr. Satyabrata Panda, learned counsel for the petitioners in both the bail applications and Mr. K.K. Gaya, learned ASC and perused the record. 6. It is brought to the notice of this Court by filing a certified copy of the order sheet in S.C. Case No.11/03 of 2023 & 58/17 of 2023, out of which the present two bail applications arise that though charge was framed on 02.12.2023, but no witness has yet been examined till today for want of production of Material Objects. It is, however, not disputed that petitioner-Sibu @ Siku Naik is in custody since 12.09.2022, whereas the petitioner-Prasanta Naik is in custody since 19.06.2023. The main allegation against both the petitioners is for assault on the deceased by means of iron rod and handle of a spade and the post- mortem report reveals that the death of the deceased Page 2 of 5 is due to fatal injury to the vital organ like brain. In the post-mortem report, the doctor has found three injuries; one injury on the skull, second and third injuries on left and right arm. Further, it is also not clarified from the statement of the witnesses as to who assaulted the deceased by means of what weapon and it has been stated that both the petitioners assaulted the deceased by means of iron rod and handle of a spade. Mr. K.K. Gaya, learned ASC has not brought to the notice of the Court about pendency of any criminal antecedents against any of the petitioners. The certified copy of the order sheet be kept on record. 7. For the reasons stated hereinabove and taking into account the long custody of the petitioners and trial having commenced without examination of a single witness for long seven months after framing of charge for want of M.O., this Court reasonably believes that the petitioners cannot be compelled to languish inside jail custody without any assurance of trial, much less the right to speedy trial and this Court, therefore, considers it appropriate to grant bail to each of the two petitioners by further taking into account the release of co-accused Angada Naik on bail in BLAPL No.5711 of 2023. 8. Hence, the bail applications of each the petitioners namely Prasanta Naik in BLAPL No.3615 of 2024 and Sibu @ Siku Naik in BLAPL No.3618 of 2024 stand allowed and each of the petitioners is allowed to Page 3 of 5 go on bail on furnishing bail bonds of Rs.50,000/- (Rupees Fifty Thousand) with two solvent sureties each for the like amount to the satisfaction of the learned Court in seisin of the case on such terms and conditions as deem fit and proper by it with following conditions:- (i) the petitioners shall not commit any offence while on bail, (ii) the petitioners in the course of trial shall attend the trial Court on each date of posting without fail unless their attendance is dispensed with. In case the Petitioners fail without sufficient cause to appear in the Court in accordance with the terms of the bail, the learned trial Court may proceed against the Petitioners for offence U/S.229-A of IPC in accordance with law, (iii) the petitioners shall not leave the jurisdiction of the trial Court without prior permission till disposal of the case by giving their present address of stay and (iv) the petitioners shall report attendance before the jurisdictional Police Station once in a fortnight preferably on Sunday of each month in between 10 A.M. to 12 Noon for six(06) months from the actual date of their release from the custody. (v) the petitioners shall not threaten or influence any of the witnesses in any manner so as to dissuade him from disclosing any fact before the Court. The I.I.C. of Jurisdictional Police Station shall not detain the petitioners unnecessarily after recording their attendance beyond the time as stipulated. Page 4 of 5 It is clarified that the Court in seisin of the case will be at liberty to cancel the bail of the petitioners without further reference to this Court, if any of the above conditions are violated or a case for cancellation of bail is otherwise made out. In the wake of aforesaid, the subsequent involvement of the petitioners in future for similar/grave offences on prima facie accusations may be treated as a ground for cancellation of bail in this case. 9. Accordingly, BLAPL Nos.3615 & 3618 of 2024
Decision
stand disposed of. 10. Issue urgent certified copy of the order as per Rules. (G. Satapathy) Judge S. Sasmal Signature Not Verified Digitally Signed Signed by: SUBHASMITA SASMAL Reason: Authentication Location: High Court of Orissa Date: 05-Aug-2024 10:34:58 Page 5 of 5